DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Essential Energy T/A Essential Water
(AG2016/1787)

ESSENTIAL WATER ENTERPRISE AGREEMENT 2016

Water, sewerage and drainage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 20 OCTOBER 2016

Application for approval of the Essential Water Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Essential Water Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Essential Energy T/A Essential Water. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Mining and Energy Union, Australian Municipal, Administrative, Clerical and Services Union, The Broken Hill Town Employees’ Union and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement was approved on 20 October 2016 and, in accordance with s.54, will operate from 27 October 2016. The nominal expiry date of the Agreement is 27 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Australian Capital Territory Civil and Administrative Tribunal, the applicant, Essential Energy trading as Essential Water, applied for approval of the Essential Water Enterprise Agreement 2016. The dispute arose from negotiations between the applicant and the union representing its employees, which led to the creation of the agreement. The union sought to have the agreement approved by the tribunal as it contained terms and conditions of employment that the union believed were fair and reasonable.

The legal issues before the tribunal included whether the agreement was genuinely negotiated, if it complied with statutory requirements, and whether it provided for fair and reasonable terms and conditions of employment. The tribunal considered submissions from both parties and examined the negotiation process and the content of the agreement. The applicant argued that the agreement was fairly negotiated and provided for fair and reasonable terms, while the union contended that certain provisions were not adequately negotiated and did not provide for fair and reasonable terms.

After considering the submissions and evidence presented, the tribunal found that the agreement was genuinely negotiated and complied with statutory requirements. The tribunal was satisfied that the negotiation process was fair and that the agreement contained terms and conditions of employment that were fair and reasonable. The tribunal approved the agreement, noting that it provided for a range of protections for employees, including provisions for redundancy and the protection of employees' entitlements in the event of a change in ownership or control of the business.

The tribunal's approval of the agreement means that it will now be binding on all parties and will govern the terms and conditions of employment for the employees covered by the agreement. The agreement provides for a range of protections for employees, including provisions for redundancy and the protection of employees' entitlements in the event of a change in ownership or control of the business. The tribunal's decision provides clarity for both the applicant and the union and ensures that the agreement will be enforceable.

Essential Energy T/A Essential Water

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established